Extended Producer Responsibility (EPR)

EPR is a policy tool that extends the producers financial and/or organisational responsibility to the waste stage of a product. This encourages them to make more sustainable choices before they put products on the market; for example, during product design. At the same time, EPR prevents the negative consequences of waste management from reaching the environment, society or other parties in the chain.

EPR leads to more and better waste collection and waste treatment, such as recycling. It can also increase the demand for recycled materials. It can give recycling techniques a boost, and prevent and reduce litter. In addition, EPR can stimulate other circular activities, such as reuse or repair.

Because each product chain faces different challenges, EPR also pursues different goals in each case. Therefore, the obligations differ per product group.

Generally, EPR obligations derive from EU legislation. This is, for example, the case for packaging, batteries, and electrical and electronic equipment. Sometimes, though, EPR is only laid down in national legislation.

EPR applies to different product groups. The 'producers' of those products should comply with the EPR obligations.

The producer will vary in each instance of EPR. In most cases, the producer is the entity that places the product on the market in the Netherlands. 'Placing on the market' means making available on the market for the first time.

Producers can be:

• importers who are established in the Netherlands
• manufacturers who are established in the Netherlands
• foreign (online) suppliers who offer a product directly to end users in the Netherlands, without the intervention of an importer

Significantly, some instances of EPR require foreign (online) suppliers to appoint an ‘authorised representative’ to fulfill their EPR obligations in the Netherlands.

Sometimes the entity who first places the product on the market is not the ‘producer' after all. In some instances, the producer (subject to the EPR obligations) is the brand owner. In such cases, the brand owner is responsible, even if its products are manufactured or imported by other companies.

Because each product chain faces different challenges, each instance of EPR also pursues different goals and contains obligations accordingly.

There are a number of commonly recurring obligations in EPR. These are:

• Complying with specific registration requirements (producers have 6 weeks to file a registration, counting from the moment of the applicability of EPR)
• Having an appropriate collection scheme
• Complying with specific waste management targets, such as for collection and recycling
• Submitting an annual report, including information on the waste management targets and how many products have been placed on the market

Of course, in order to comply with these EPR obligations, it is important to be organised. This includes being able to guarantee sufficient financial resources.

The EPR obligations apply to each individual ‘producer’. It is not always possible to meet these obligations individually, however. That is why a producer may choose to implement the EPR obligations jointly, together with other producers. This has financial and organisational advantages.

Producers can do this by joining a so-called ‘Producer Responsibility Organisation’, or by setting up one themselves. A Producer Responsibility Organisation meets the EPR obligations on behalf of all affiliated producers. In return, the producers pay a financial contribution to the organisation. For some product groups, there are multiple Producer Responsibility Organisations.

However, if a so-called ‘Generally Binding Agreement’ (AVV) applies, participation in the EPR system of one particular Producer Responsibility Organisation is mandatory. This is the case for many EPR’s.

AVV stands for ‘Algemeen Verbindend Verklaring van een overeenkomst over een afvalbeheerbijdrage’.

In English, a generally binding declaration of an agreement on a waste management fee (Generally Binding Agreement).

If an AVV has been issued, the private agreement between the Producers Responsibility Organisation in question and the affiliated producers is declared generally binding to all producers of the product group. Even to producers that did not support the agreement or the request for the AVV in the first place. As a result, all producers are bound by the agreement, imposing an obligation on everyone to pay for the EPR system. This creates a level playing field.

A request can be submitted if an EPR is legally based. It is also possible, though, that no legally based EPR applies.

Significantly, a request can only be submitted by a significant majority of the producers.. An AVV can only be issued if it would be in the interest of an effective waste management of the specific product group.

An AVV can only be requested for a maximum period of 5 years. After that, a new request can be submitted if desired by the significant majority of the producers.

Check the icons below to see whether there is EPR for your product. The information is mainly provided in Dutch.

If so, specific English information can be found at the bottom of the page in question. For example on which products are within the scope of the EPR, who is considered ‘producer’, how to register, or whether a Generally Binding Agreement (AVV) applies.

If you have any questions, please contact our helpdesk. The contact details are provided below.